Maastricht research on marital captivity leads to new parliamentary bill

Legislative change

Several hundred men and women are thought to be trapped in a religious marriage in the Netherlands against their will. They do not have the freedom to enter into new relationships or make decisions about their lives. At present, there is very little the Dutch courts can do for these people. According to Kruiniger, a legislative amendment should be introduced that requires partners to cooperate with a religious divorce. “It would be even better if partners made agreements in the marriage contract that would require them to cooperate fully in dissolving the religious marriage if the civil marriage or relationship ends,” she says. “If this is agreed in the marriage contract, at the very least the husband or wife seeking divorce has a written document to take to the court should the partner refuse to cooperate.”

Religion

Kruiniger’s study examined the specific situation in which someone remains married against his or her will because the religious doctrine does not condone divorce. In some religions, like Catholicism, divorce is not an option. In other religions, it is strongly discouraged and, if permitted at all, there are strict rules that require the cooperation of the partner. Should the partner refuse, the religious marriage cannot be dissolved. “This problem is common to all religions,” Kruiniger says. “Catholicism, Protestantism, Judaism, Hinduism and Islam. And it doesn't only affect women; men can become trapped in a forced marriage as well.”